Allowed

Rambharosi Gurjar Son of Shri Jagdish Prasad Gurjar v. State of Rajasthan

Rajasthan HC21 Jul 2023CRLMB/865/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner facing charges of theft and mining offences. The court noted the petitioner's criminal antecedents for bailable offences but authorised bail subject to conditions regarding investigation availability and non-interference.

What did the court decide?

The petitioner was enlarged on anticipatory bail directed to furnish a personal bond of Rs.50,000 and two sureties of Rs.25,000 each under specific conditions.

Rambharosi Gurjar Son of Shri Jagdish Prasad Gurjar Vs… — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 865/2023

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Rambharosi Gurjar Son Of Shri Jagdish Prasad Gurjar, Aged About 50 Years, Resident Of Village Pavta, Post Shyaluta, Tehsil And Police Station Tahala ( Tehala)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Umesh Kumar Sharma For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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21/07/2023

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This anticipatory bail application has been filed under Section 438 of Cr.P.C. in connection with FIR No. 191/2022 registered at Police Station Tahala, District Alwar for the offences under Sections 379 of IPC and Section 4/21 of MMDR Act and Section 54/60 of MMCR Act.

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Learned counsel for the petitioner submits that the petitioner was not present at the place of incident and he has falsely been implicated in this case only on the basis of statements of villagers. The petitioner has no criminal antecedents. Hence, the anticipatory bail application of the accused-petitioner may be granted.

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Learned Public Prosecutor has opposed the bail application and submitted the factual report dated 19.07.2023, which is taken on record.

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[CRLMB-865/2023]

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(2 of 2)

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Heard learned counsel for the parties and perused the material available on record.

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As per factual report, the petitioner has criminal antecedents of one case for the offences under Sections 341 & 323 of IPC, which are bailable offences. As per factual report, nothing is to be recovered from the petitioner.

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Considering the submissions made by the learned counsel for the petitioner and looking to the facts and circumstances of the case but without expressing any opinion on the merits and demerits of the case, I deem it just and proper to enlarge the petitioner on anticipatory bail.

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Accordingly, this anticipatory bail application is allowed and it is ordered that in case of arrest of the petitioner-Rambharosi Gurjar Son Of Shri Jagdish Prasad Gurjar in the aforesaid FIR, the accused-petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to the satisfaction of concerned SHO/IO on the following conditions:

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i) That the petitioner will make himself available for the investigation as and when required by the investigation officer.

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ii) That the petitioner will not leave India without permission of the Court.

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iii) That the petitioner will not tamper with the evidence or threaten or pressurize the witnesses in the case.

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(CHANDRA KUMAR SONGARA),J

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PAYAL/357

Rambharosi Gurjar Son of Shri Jagdish Prasad Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rambharosi Gurjar Son of Shri Jagdish Prasad Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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